G.R. No.

L-6355-56 August 31, 1953

PASTOR M. ENDENCIA and FERNANDO JUGO vs.

SATURNINO DAVID, as Collector of Internal Revenue

FACTS

Saturnino David collected from Justice Pastor M. Endencia the sum of P1,744.45,
representing the income tax collected on his salary as Associate Justice of the Court of
Appeals in 1951, and to Justice Fernando Jugo the amount of P2,345.46, representing
the income tax collected on his salary from January 1,1950 to October 19, 1950, as
Presiding Justice of the Court of Appeals, and from October 20, 1950 to December
31,1950, as Associate Justice of the Supreme Court.

The Court of First Instance held that under the doctrine laid down by this Court in the case
of Perfecto vs. Meer, 85 Phil., 552, the collection of income taxes from the salaries of
Justice Jugo and Justice Endencia was a diminution of their compensation and therefore
was in violation of the Constitution of the Philippines, and so ordered the refund of said
taxes.

After the decision in the said case, Congress enacted Republic Act No. 590, specifically
Section 13, which provided:

SEC 13. No salary wherever received by any public officer of the Republic of the
Philippines shall be considered as exempt from the income tax, payment of which
is hereby declared not to be dimunition of his compensation fixed by the
Constitution or by law.

ISSUE

Whether or not Section 13 of Republic Act No. 590, legalizing the collection of income tax
on the salary of judicial officers constitutional.

RULING - UNCONSTITUTIONAL

Judicial officers are exempt from payment of income tax on their salaries, because the
collection thereof was a diminution of such salaries, specifically prohibited by the Section
9, Article VIII, of the Philippine Constitution, stating:

SEC. 9. The members of the Supreme Court and all judges of inferior courts shall
hold office during good behavior, until they reach the age of seventy years, or
become incapacitated to discharge the duties of their office. They shall receive
such compensation as may be fixed by law, which shall not be diminished during
their continuance in office. Until the Congress shall provide otherwise, the Chief
Justice of the Supreme Court shall receive an annual compensation of sixteen
thousand pesos, and each Associate Justice, fifteen thousand pesos.
Topic: Construction

Legislatures contention: The collection of income tax on the salary of the judicial officers
is not a decrease of his salary.

The interpretation and application of laws belong exclusively to the Judicial department.
And this authority to interpret and apply the laws extends to the Constitution. Before the
courts can determine whether a law is constitutional or not, it will have to interpret and
ascertain the meaning not only of said law, but also of the pertinent portion of the
Constitution in order to decide whether there is a conflict between the two, because if
there is, then the law will have to give way and has to be declared invalid and
unconstitutional.

The Legislature, under our form of government is assigned the task and the power to
make and enact laws, but not to interpret them. This is more true with regard to the
interpretation of the basic law, the Constitution, which is not within the sphere of the
Legislative department.

The collection of income tax on a salary is an actual and evident diminution thereof. Under
the old system where the income tax was paid at the end of the year or sometime
thereafter, the decrease may not be so apparent and clear. All that the official who had
previously received his full salary was called upon to do, was to fulfill his obligation and
to exercise his privilege of paying his income tax on his salary. His salary fixed by law
was received by him in the amount of said tax comes from his other sources of income,
he may not fully realize the fact that his salary had been decreased in the amount of said
income tax. But under the present system of withholding the income tax at the source,
where the full amount of the income tax corresponding to his salary is computed in
advance and divided into equal portions corresponding to the number of pay-days during
the year and actually deducted from his salary corresponding to each payday, said official
actually does not receive his salary in full, because the income tax is deducted therefrom
every payday, that is to say, twice a month.

Under House Bill No. 1127, which became Republic Act No. 590, one of the main reasons
behind the enactment of the law was the feeling among certain legislators that members
of the Supreme Court should not enjoy any exemption and that as citizens, out of
patriotism and love for their country, they should pay income tax on their salaries. It might
be stated in this connection that the exemption is not enjoyed by the members of the
Supreme Court alone but also by all judicial officers including Justices of the Court of
Appeals and judges of inferior courts.

The exemption was not primarily intended to benefit judicial officers, but was grounded
on public policy. As said by Justice Van Devanter of the United States Supreme Court in
the case of Evans vs. Gore (253 U. S., 245):

The primary purpose of the prohibition against diminution was not to benefit the
judges, but, like the clause in respect of tenure, to attract good and competent men
 to the bench and to promote that independence of action and judgment which is
essential to the maintenance of the guaranties, limitations and pervading principles
of the Constitution and to the administration of justice without respect to person
and with equal concern for the poor and the rich. Such being its purpose, it is to be
construed, not as a private grant, but as a limitation imposed in the public interest;
in other words, not restrictively, but in accord with its spirit and the principle on
which it proceeds.

Considering exemption in the abstract, there is nothing unusual or abhorrent in it, as long
as it is based on public policy or public interest. While all other citizens are subject to
arrest when charged with the commission of a crime, members of the Senate and House
of Representatives except in cases of treason, felony and breach of the peace are exempt
from arrest, during their attendance in the session of the Legislature; and while all other
citizens are generally liable for any speech, remark or statement, oral or written, tending
to cause the dishonor, discredit or contempt of a natural or juridical person or to blacken
the memory of one who is dead, Senators and Congressmen in making such statements
during their sessions are extended immunity and exemption.

And as to tax exemption, there are not a few citizens who enjoy this exemption. Persons,
natural and juridical, are exempt from taxes on their lands, buildings and improvements
thereon when used exclusively for educational purposes, even if they derive income
therefrom. (Art. VI, Sec. 22 [3].) The framers of the Constitution deemed it wise and
necessary to exempt judicial officers from paying taxes on their salaries so as not to
decrease their compensation, thereby insuring the independence of the Judiciary.